[Congressional Record Volume 163, Number 84 (Tuesday, May 16, 2017)]
[Senate]
[Pages S2955-S2959]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 GRANTING THE CONSENT AND APPROVAL OF CONGRESS TO THE COMMONWEALTH OF 
VIRGINIA, THE STATE OF MARYLAND, AND THE DISTRICT OF COLUMBIA TO ENTER 
                             INTO A COMPACT

  Mr. ALEXANDER. Mr. President, as in legislative session, I ask 
unanimous consent that the Committee on the Judiciary be discharged 
from further consideration of S.J. Res. 22 and the Senate proceed to 
its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the joint resolution by title.
  The senior assistant legislative clerk read as follows:

       A joint resolution (S.J. Res. 22) granting the consent and 
     approval of Congress to the Commonwealth of Virginia, the 
     State of Maryland, and the District of Columbia to enter into 
     a compact relating to the establishment of the Washington 
     Metrorail Safety Commission.

  There being no objection, the Senate proceeded to consider the joint 
resolution.

[[Page S2956]]

  

  Mr. ALEXANDER. I further ask unanimous consent that the joint 
resolution be considered read a third time and passed, the preamble be 
agreed to, and the motions to reconsider be considered made and laid 
upon the table with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The joint resolution (S.J. Res. 22) was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  The preamble was agreed to.
  The joint resolution, with its preamble, reads as follows:

                              S.J. Res. 22

       Whereas the Washington Metropolitan Area Transit Authority, 
     an interstate compact agency of the District of Columbia, the 
     Commonwealth of Virginia, and the State of Maryland, provides 
     transportation services to millions of people each year, the 
     safety of whom is paramount;
       Whereas an effective and safe Washington Metropolitan Area 
     Transit Authority system is essential to the commerce and 
     prosperity of the National Capital region;
       Whereas the Tri-State Oversight Committee, created by a 
     memorandum of understanding amongst these 3 jurisdictions, 
     has provided safety oversight of the Washington Metropolitan 
     Area Transit Authority;
       Whereas section 5329 of title 49, United States Code, 
     requires the creation of a legally and financially 
     independent State authority for safety oversight of all fixed 
     rail transit facilities;
       Whereas the District of Columbia, the Commonwealth of 
     Virginia, and the State of Maryland intend to create a 
     Washington Metrorail Safety Commission to act as the State 
     safety oversight authority for the Washington Metropolitan 
     Area Transit Authority system under section 5329 of title 49, 
     United States Code; and
       Whereas this compact is created for the benefit of the 
     people of the District of Columbia, the Commonwealth of 
     Virginia, and the State of Maryland and for the increase of 
     their safety, commerce, and prosperity: Now, therefore, be it
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That the 
     consent and approval of Congress is hereby given to the 
     District of Columbia, the Commonwealth of Virginia, and the 
     State of Maryland to enter into a compact, substantially as 
     follows, for the safety oversight of the Washington 
     Metropolitan Area Transit Authority system, which compact, 
     known as the Metrorail Safety Commission Interstate Compact, 
     has been negotiated by representatives of the District of 
     Columbia, the Commonwealth of Virginia, and the State of 
     Maryland:

                              ``ARTICLE I

                             ``DEFINITIONS

       ``1. As used in this MSC Compact, the following words and 
     terms shall have the meanings set forth below, unless the 
     context clearly requires a different meaning. Capitalized 
     terms used herein, but not otherwise defined in this MSC 
     Compact, shall have the definitions set forth in regulations 
     issued under section 5329 of title 49, United States Code, as 
     they may be revised from time to time.
       ``(a) `Alternate Member' means an alternate member of the 
     Board;
       ``(b) `Board' means the board of directors of the 
     Commission;
       ``(c) `Commission' means the Washington Metrorail Safety 
     Commission;
       ``(d) `Member' means a member of the Board;
       ``(e) `MSC Compact' means this Washington Metrorail Safety 
     Commission Interstate Compact;
       ``(f) `Public Transportation Agency Safety Plan' means the 
     comprehensive agency safety plan for a rail transit agency 
     required by section 5329 of title 49, United States Code, and 
     the regulations issued thereunder, as may be amended or 
     revised from time to time;
       ``(g) `Public Transportation Safety Certification Training 
     Program' means the Federal certification training program, as 
     established and amended from time to time by applicable 
     Federal laws and regulations, for Federal and State 
     employees, or other designated personnel, who conduct safety 
     audits and examinations of public transportation systems, and 
     employees of public transportation agencies directly 
     responsible for safety oversight;
       ``(h) `Safety Sensitive Position' means any position held 
     by a WMATA employee or contractor designated in the Public 
     Transportation Agency Safety Plan for the WMATA Rail System 
     and approved by the Commission as directly or indirectly 
     affecting the safety of the passengers or employees of the 
     WMATA Rail System;
       ``(i) `Signatory' means the State of Maryland, the 
     Commonwealth of Virginia, and the District of Columbia;
       ``(j) `State' or `jurisdiction' means the District of 
     Columbia, the State of Maryland, or the Commonwealth of 
     Virginia;
       ``(k) `Washington Metropolitan Area Transit Authority' or 
     `WMATA' is the entity created by the WMATA Compact, which 
     entity is responsible for providing certain rail fixed 
     guideway public transportation system services;
       ``(l) `WMATA Compact' means the Washington Metropolitan 
     Area Transit Authority Compact (Public Law 89-774; 80 Stat. 
     1324); and
       ``(m) `WMATA Rail System' or `Metrorail' means the rail 
     fixed guideway public transportation system and all other 
     real and personal property owned, leased, operated, or 
     otherwise used by WMATA rail services and shall include WMATA 
     rail projects under design or construction by owners other 
     than WMATA.

                              ``ARTICLE II

                        ``PURPOSE AND FUNCTIONS

       ``2. The Signatories to the WMATA Compact hereby adopt this 
     MSC Compact pursuant to section 5329 of title 49, United 
     States Code. The Commission created hereunder shall have 
     safety regulatory and enforcement authority over the WMATA 
     Rail System and shall act as the State safety oversight 
     authority for WMATA under section 5329 of title 49, United 
     States Code, as may be amended from time to time. WMATA shall 
     be subject to the Commission's rules, regulations, actions, 
     and orders.
       ``3. The purpose of this MSC Compact is to create a State 
     safety oversight authority for the WMATA Rail System, 
     pursuant to the mandate of Federal law, as a common agency of 
     each Signatory, empowered in the manner hereinafter set forth 
     to review, approve, oversee, and enforce the safety of the 
     WMATA Rail System, including, without limitation, to--
       ``(a) have exclusive safety oversight authority and 
     responsibility over the WMATA Rail System pursuant to Federal 
     law, including, without limitation, the power to restrict, 
     suspend, or prohibit rail service on all or part of the WMATA 
     Rail System as set forth in this MSC Compact;
       ``(b) develop and adopt a written State safety oversight 
     program standard;
       ``(c) review and approve the WMATA Public Transportation 
     Agency Safety Plan;
       ``(d) investigate hazards, incidents, and accidents on the 
     WMATA Rail System;
       ``(e) require, review, approve, oversee, and enforce 
     Corrective Action Plans developed by WMATA; and
       ``(f) meet other requirements of Federal and State law 
     relating to safety oversight of the WMATA Rail System.

                             ``ARTICLE III

                    ``ESTABLISHMENT AND ORGANIZATION

       ``A. Washington Metrorail Safety Commission
       ``4. The Commission is hereby created as an instrumentality 
     of each Signatory, which shall be a public body corporate and 
     politic, and which shall have the powers and duties set forth 
     in this MSC Compact.
       ``5. The Commission shall be financially and legally 
     independent from WMATA.
       ``B. Board Membership
       ``6. The Commission shall be governed by a Board of 6 
     Members with 2 Members appointed or reappointed (including to 
     fill an unexpired term) by each Signatory pursuant to the 
     Signatory's applicable laws.
       ``7. Each Signatory shall also appoint or reappoint 
     (including to fill an unexpired term) one Alternate Member 
     pursuant to the Signatory's applicable laws.
       ``8. An Alternate Member shall participate and take action 
     as a Member only in the absence of one or both Members 
     appointed from the same jurisdiction as the Alternate 
     Member's appointing jurisdiction and, in such instances, may 
     cast a single vote.
       ``9. Members and Alternate Members shall have backgrounds 
     in transit safety, transportation, relevant engineering 
     disciplines, or public finance.
       ``10. No Member or Alternate Member shall simultaneously 
     hold an elected public office, serve on the WMATA board of 
     directors, be employed by WMATA, or be a contractor to WMATA.
       ``11. Each Member and Alternate Member shall serve a 4-year 
     term and may be reappointed for additional terms, except that 
     each Signatory shall make its initial appointments as 
     follows:
       ``(a) One Member shall be appointed for a 4-year term.
       ``(b) One Member shall be appointed for a 2-year term.
       ``(c) The Alternate Member shall be appointed for a 3-year 
     term.
       ``12. Any person appointed to fill a vacancy shall serve 
     for the unexpired term.
       ``13. Members and Alternate Members shall be entitled to 
     reimbursement for reasonable and necessary expenses and shall 
     be compensated for each day spent meeting on the business of 
     the Commission at a rate of $200 per day or at such other 
     rate as may be adjusted in appropriations approved by all of 
     the Signatories.
       ``14. A Member or an Alternate Member may be removed or 
     suspended from office only for cause in accordance with the 
     laws of such Member's or Alternate Member's appointing 
     jurisdiction.
       ``C. Quorum and Actions of the Board.
       ``15. Four Members shall constitute a quorum, and the 
     affirmative vote of 4 Members is required for action of the 
     Board. Quorum and voting requirements under this section may 
     be met with one or more Alternate Members pursuant to section 
     8.
       ``16. The Commission action shall become effective upon 
     enactment unless otherwise provided for by the Commission.
       ``D. Oath of Office
       ``17. Before entering office, each Member and Alternate 
     Member shall take and subscribe to the following oath (or 
     affirmation) of office or any such other oath or affirmation 
     as the constitution or laws of the Signatory he or she 
     represents shall provide:

[[Page S2957]]

       ``I, ___________, hereby solemnly swear (or affirm) that I 
     will support and defend the Constitution and the laws of the 
     United States as a Member (or Alternate Member) of the Board 
     of the Washington Metrorail Safety Commission and will 
     faithfully discharge the duties of the office upon which I am 
     about to enter.
       ``E. Organization and Procedure
       ``18. The Board shall provide for its own organization and 
     procedure. Meetings of the Board shall be held as frequently 
     as the Board determines, but in no event less than quarterly. 
     The Board shall keep minutes of its meetings and establish 
     rules and regulations governing its transactions and internal 
     affairs, including, without limitation, policies regarding 
     records retention that are not in conflict with applicable 
     Federal record retention laws.
       ``19. The Commission shall keep commercially reasonable 
     records of its financial transactions in accordance with 
     accounting principles generally accepted in the United States 
     of America.
       ``20. The Commission shall establish an office for the 
     conduct of its affairs at a location to be determined by the 
     Commission.
       ``21. The Commission shall adopt subsections (a) through 
     (d) and subsection (g) of section 552 of title 5, United 
     States Code (commonly known as the `Freedom of Information 
     Act') and section 552b of title 5, United States Code 
     (commonly known as the `Government in Sunshine Act'), as both 
     may be amended from time to time, as its freedom of 
     information policy and open meeting policy, respectively, and 
     shall not be subject to the comparable laws or policies of 
     any Signatory.
       ``22. Reports of investigations or inquiries adopted by the 
     Board shall be made publicly available.
       ``23. The Commission shall adopt a policy on conflict of 
     interest that shall be consistent with the regulations issued 
     under section 5329 of title 49, United States Code, as they 
     may be revised from time to time, which, among other things, 
     places appropriate separation between Members, officers, 
     employees, contractors, and agents of the Commission and 
     WMATA.
       ``24. The Commission shall adopt and utilize its own 
     administrative procedure and procurement policies in 
     conformance with applicable Federal regulations and shall not 
     be subject to the administrative procedure or procurement 
     laws of any Signatory.
       ``F. Officers and Employees
       ``25. The Board shall elect a Chairman, Vice Chairman, 
     Secretary, and Treasurer from among its Members, each for a 
     2-year term and shall prescribe their powers and duties.
       ``26. The Board shall appoint and fix the compensation and 
     benefits of a chief executive officer who shall be the chief 
     administrative officer of the Commission and who shall have 
     expertise in transportation safety and one or more industry-
     recognized transportation safety certifications.
       ``27. Consistent with section 5329 of title 49, United 
     States Code, as may be amended from time to time, the 
     Commission may employ, under the direction of the chief 
     executive officer, such other technical, legal, clerical, and 
     other employees on a regular, part-time, or as-needed basis 
     as it determines necessary or desirable for the discharge of 
     its duties.
       ``28. The Commission shall not be bound by any statute or 
     regulation of any Signatory in the employment or discharge of 
     any officer or employee of the Commission, but shall develop 
     its own policies in compliance with Federal law. The MSC 
     shall, however, consider the laws of the Signatories in 
     devising its employment and discharge policies, and when it 
     deems it practical, devise policies consistent with the laws 
     of the Signatories.
       ``29. The Board may fix and provide policies for the 
     qualification, appointment, removal, term, tenure, 
     compensation benefits, worker's compensation, pension, and 
     retirement rights of its employees subject to Federal law. 
     The Board may also establish a personnel system based on 
     merit and fitness and, subject to eligibility, participate in 
     the pension, retirement, and worker's compensation plans of 
     any Signatory or agency or political subdivision thereof.

                              ``ARTICLE IV

                                ``POWERS

       ``A. Safety Oversight Power.
       ``30. In carrying out its purposes, the Commission, through 
     its Board or designated employees or agents, shall, 
     consistent with Federal law--
       ``(a) adopt, revise, and distribute a written State Safety 
     Oversight Program;
       ``(b) review, approve, oversee, and enforce the adoption 
     and implementation of WMATA's Public Transportation Agency 
     Safety Plan;
       ``(c) require, review, approve, oversee, and enforce the 
     adoption and implementation of any Corrective Action Plans 
     that the Commission deems appropriate;
       ``(d) implement and enforce relevant Federal and State laws 
     and regulations relating to safety of the WMATA Rail System; 
     and
       ``(e) audit every 3 years the compliance of WMATA with 
     WMATA's Public Transportation Agency Safety Plan or conduct 
     such an audit on an ongoing basis over a 3-year time frame.
       ``31. In performing its duties, the Commission, through its 
     Board or designated employees or agents, may do the 
     following:
       ``(a) Conduct, or cause to be conducted, inspections, 
     investigations, examinations, and testing of WMATA personnel 
     and contractors, property, equipment, facilities, rolling 
     stock, and operations of the WMATA Rail System, including, 
     without limitation, electronic information and databases 
     through reasonable means, which may include issuance of 
     subpoenas.
       ``(b) Enter upon the WMATA Rail System and, upon reasonable 
     notice and a finding by the chief executive officer that a 
     need exists, upon any lands, waters, and premises adjacent to 
     the WMATA Rail System, including, without limitation, 
     property owned or occupied by the Federal Government, for the 
     purpose of making inspections, investigations, examinations, 
     and testing as the Commission may deem necessary to carry out 
     the purposes of this MSC Compact, and such entry shall not be 
     deemed a trespass. The Commission shall make reasonable 
     reimbursement for any actual damage resulting to any such 
     adjacent lands, waters, and premises as a result of such 
     activities.
       ``(c) Compel WMATA's compliance with any Corrective Action 
     Plan or order of the Commission by such means as the 
     Commission deems appropriate, including, without limitation, 
     by--
       ``(1) taking legal action in a court of competent 
     jurisdiction;
       ``(2) issuing citations or fines with funds going into an 
     escrow account for spending by WMATA on Commission-directed 
     safety measures;
       ``(3) directing WMATA to prioritize spending on safety-
     critical items;
       ``(4) removing a specific vehicle, infrastructure element, 
     or hazard from the WMATA Rail System; and
       ``(5) compelling WMATA to restrict, suspend, or prohibit 
     rail service on all or part of the WMATA Rail System with an 
     appropriate notice period dictated by the circumstances.
       ``(d) Direct WMATA to suspend or disqualify from performing 
     in any Safety Sensitive Position an individual who is alleged 
     to or has violated safety rules, regulations, policies, or 
     laws.
       ``(e) Compel WMATA's Office of the Inspector General, 
     created under WMATA Board Resolution 2006-18, or any 
     successor WMATA office or organization having similar duties, 
     to conduct safety-related audits or investigations and to 
     provide its findings to the Commission.
       ``(f) Take such other actions as the Commission may deem 
     appropriate consistent with its purpose and powers.
       ``32. Action by the Board under section 31(c)(5) shall 
     require the unanimous vote of all Members present and voting. 
     The Commission shall coordinate its enforcement activities 
     with appropriate Federal and State governmental authorities.
       ``B. General Powers
       ``33. In addition to the powers and duties set forth above, 
     the Commission may--
       ``(a) sue and be sued;
       ``(b) adopt, amend, and repeal rules and regulations 
     respecting the exercise of the powers conferred by this MSC 
     Compact;
       ``(c) create and abolish offices, employments, and 
     positions (other than those specifically provided for in this 
     MSC Compact) necessary or desirable for the purposes of the 
     Commission;
       ``(d) determine a staffing level for the Commission that is 
     commensurate with the size and complexity of the WMATA Rail 
     System, and require that employees and other designated 
     personnel of the Commission, who are responsible for safety 
     oversight, be qualified to perform such functions through 
     appropriate training, including, without limitation, 
     successful completion of the Public Transportation Safety 
     Certification Training Program;
       ``(e) contract for or employ consulting attorneys, 
     inspectors, engineers, and such other experts necessary or 
     desirable and, within the limitations prescribed in this MSC 
     Compact, prescribe their powers and duties and fix their 
     compensation;
       ``(f) enter into and perform contracts, leases, and 
     agreements necessary or desirable in the performance of its 
     duties and in the execution of the powers granted under this 
     MSC Compact;
       ``(g) apply for, receive, and accept such payments, 
     appropriations, grants, gifts, loans, advances, and other 
     funds, properties, and services as may be transferred or made 
     available to it by the United States government or any other 
     public or private entity or individual, subject to the 
     limitations specified in section 42;
       ``(h) adopt an official seal and alter the same at its 
     pleasure;
       ``(i) adopt and amend by-laws, policies, and procedures 
     governing the regulation of its affairs;
       ``(j) appoint one or more advisory committees; and
       ``(k) do such other acts necessary or desirable for the 
     performance of its duties and the execution of its powers 
     under this MSC Compact.
       ``34. Consistent with this MSC Compact, the Commission 
     shall promulgate rules and regulations to carry out the 
     purposes of this MSC Compact.

                              ``ARTICLE V

                          ``GENERAL PROVISIONS

       ``A. Annual Safety Report
       ``35. The Commission shall make and publish annually a 
     status report on the safety of the WMATA Rail System, which 
     shall include, among other requirements established by the 
     Commission and Federal law, status updates of outstanding 
     Corrective Action Plans, Commission directives, and on-going 
     investigations. A copy of each such report shall be provided 
     to--

[[Page S2958]]

       ``(a) the Administrator of the Federal Transit 
     Administration;
       ``(b) the Governor of Virginia, the Governor of Maryland, 
     and the Mayor of the District of Columbia;
       ``(c) the Chairman of the Council of the District of 
     Columbia;
       ``(d) the President of the Maryland Senate and the Speaker 
     of the Maryland House of Delegates;
       ``(e) the President of the Virginia Senate and the Speaker 
     of the Virginia House of Delegates; and
       ``(f) the General Manager and each member of the board of 
     directors of WMATA.
       ``36. The Commission may prepare, publish, and distribute 
     such other safety reports that it deems necessary or 
     desirable.
       ``B. Annual Report of Operations
       ``37. The Commission shall make and publish an annual 
     report on its programs, operations, and finances, which shall 
     be distributed in the same manner provided by section 35.
       ``38. The Commission may also prepare, publish, and 
     distribute such other public reports and informational 
     materials as it deems necessary or desirable.
       ``C. Annual Independent Audit
       ``39. An independent annual audit shall be made of the 
     financial accounts of the Commission. The audit shall be made 
     by qualified certified public accountants selected by the 
     Board, who shall have no personal interest, direct or 
     indirect, in the financial affairs of the Commission or any 
     of its officers or employees. The report of audit shall be 
     prepared in accordance with generally accepted auditing 
     principles and shall be distributed in the same manner 
     provided by section 35. Members, employees, agents, and 
     contractors of the Commission shall provide access to 
     information necessary or desirable for the conduct of the 
     annual audit.
       ``D. Financing
       ``40. The Commission's operations shall be funded, 
     independently of WMATA, by the Signatory jurisdictions and, 
     when available, by Federal funds. The Commission shall have 
     no authority to levy taxes.
       ``41. The Signatories shall unanimously agree on adequate 
     funding levels for the Commission and make equal 
     contributions of such funding, subject to annual 
     appropriation, to cover the portion of Commission operations 
     not funded by Federal funds.
       ``42. The Commission may borrow up to 5 percent of its last 
     annual appropriations budget in anticipation of receipts, or 
     as otherwise set forth in the appropriations budget approved 
     by all of the Signatories, from any lawful lending 
     institution for any purpose of this MSC Compact, including, 
     without limitation, for administrative expenses. Such loans 
     shall be for a term not to exceed 2 years, or at such longer 
     term approved by each Signatory pursuant to its laws as 
     evidenced by the written authorization by the Mayor of the 
     District of Columbia and the Governors of Maryland and 
     Virginia, and at such rates of interest as shall be 
     acceptable to the Commission.
       ``43. With respect to the District of Columbia, the 
     commitment or obligation to render financial assistance to 
     the Commission shall be created, by appropriation or in such 
     other manner, or by such other legislation, as the District 
     of Columbia shall determine; provided, that any such 
     commitment or obligation shall be approved by Congress 
     pursuant to the District of Columbia Home Rule Act (Public 
     Law 93-198; 87 Stat. 774).
       ``44. Pursuant to the requirements of sections 1341, 1342, 
     1349, 1350, 1351, 1511, and 1519 of title 31, United States 
     Code, and sections 47-105 and 47-355.01 to 355.08 of the D.C. 
     Official Code (collectively referred to in this section as 
     the `Anti-Deficiency Acts'), the District of Columbia cannot 
     obligate itself to any financial commitment in any present or 
     future year unless the necessary funds to pay that commitment 
     have been appropriated and are lawfully available for the 
     purpose committed. Thus, pursuant to the Anti-Deficiency 
     Acts, nothing in the MSC Compact creates an obligation of the 
     District of Columbia in anticipation of an appropriation for 
     such purpose, and the District of Columbia's legal liability 
     for the payment of any amount under this MSC Compact does not 
     and may not arise or obtain in advance of the lawful 
     availability of appropriated funds for the applicable fiscal 
     year.
       ``E. Tax Exemption
       ``45. The exercise of the powers granted by this MSC 
     Compact shall in all respects be for the benefit of the 
     people of the District of Columbia, the Commonwealth of 
     Virginia, and the State of Maryland and for the increase of 
     their safety, commerce, and prosperity, and as the activities 
     associated with this MSC Compact shall constitute the 
     performance of essential governmental functions, the 
     Commission shall not be required to pay any taxes or 
     assessments upon the services or any property acquired or 
     used by the Commission under the provisions of this MSC 
     Compact or upon the income therefrom, and shall at all times 
     be free from taxation within the District of Columbia, the 
     Commonwealth of Virginia, and the State of Maryland.
       ``F. Reconsideration of Commission Orders
       ``46. WMATA shall have the right to petition the Commission 
     for reconsideration of an order based on rules and procedures 
     developed by the Commission.
       ``47. Consistent with section 16, the filing of a petition 
     for reconsideration shall not act as a stay upon the 
     execution of a Commission order, or any part of it, unless 
     the Commission orders otherwise. WMATA may appeal any adverse 
     action on a petition for reconsideration as set forth in 
     section 48.
       ``G. Judicial Matters
       ``48. The United States District Court for the Eastern 
     District of Virginia, Alexandria Division, the United States 
     District Court for the District of Maryland, Southern 
     Division, and the United States District Court for the 
     District of Columbia shall have exclusive and original 
     jurisdiction of all actions brought by or against the 
     Commission and to enforce subpoenas under this MSC Compact.
       ``49. The commencement of a judicial proceeding shall not 
     operate as a stay of a Commission order unless specifically 
     ordered by the court.
       ``H. Liability and Indemnification
       ``50. The Commission and its Members, Alternate Members, 
     officers, agents, employees, or representatives shall not be 
     liable for suit or action or for any judgment or decree for 
     damages, loss, or injury resulting from action taken within 
     the scope of their employment or duties under this MSC 
     Compact, nor required in any case arising or any appeal taken 
     under this MSC Compact to give a supersedeas bond or security 
     for damages. Nothing in this section shall be construed to 
     protect such person from suit or liability for damage, loss, 
     injury, or liability caused by the intentional or willful and 
     wanton misconduct of such person.
       ``51. The Commission shall be liable for its contracts and 
     for its torts and those of its Members, Alternate Members, 
     officers, agents, employees, and representatives committed in 
     the conduct of any proprietary function, in accordance with 
     the law of the applicable Signatory (including, without 
     limitation, rules on conflict of laws) but shall not be 
     liable for any torts occurring in the performance of a 
     governmental function. The exclusive remedy for such breach 
     of contract or tort for which the Commission shall be liable, 
     as herein provided, shall be by suit against the Commission. 
     Nothing contained in this MSC Compact shall be construed as a 
     waiver by the District of Columbia, the Commonwealth of 
     Virginia, or the State of Maryland of any immunity from suit.
       ``I. Commitment of Parties
       ``52. Each of the Signatories pledges to each other 
     faithful cooperation in providing safety oversight for the 
     WMATA Rail System, and, to affect such purposes, agrees to 
     consider in good faith and request any necessary legislation 
     to achieve the objectives of this MSC Compact.
       ``J. Amendments and Supplements
       ``53. Amendments and supplements to this MSC Compact shall 
     be adopted by legislative action of each of the Signatories 
     and the consent of Congress. When one Signatory adopts an 
     amendment or supplement to an existing section of this MSC 
     Compact, that amendment or supplement shall not be 
     immediately effective, and the previously enacted provision 
     or provisions shall remain in effect in each jurisdiction 
     until the amendment or supplement is approved by the other 
     Signatories and is consented to by Congress.
       ``K. Withdrawal and Termination
       ``54. Any Signatory may withdraw from this MSC Compact, 
     which action shall constitute a termination of this MSC 
     Compact.
       ``55. Withdrawal from this MSC Compact shall be by a 
     Signatory's repeal of this MSC Compact from its laws, but 
     such repeal shall not take effect until 2 years after the 
     effective date of the repealed statute and written notice of 
     the withdrawal being given by the withdrawing Signatory to 
     the governors or mayor, as appropriate, of the other 
     Signatories.
       ``56. Prior to termination of this MSC Compact, the 
     Commission shall provide each Signatory--
       ``(a) a mechanism for concluding the operations of the 
     Commission;
       ``(b) a proposal to maintain State safety oversight of the 
     WMATA Rail System in compliance with applicable Federal law;
       ``(c) a plan to hold surplus funds in a trust for a 
     successor regulatory entity for 4 years after the termination 
     of this MSC Compact; and
       ``(d) a plan to return any surplus funds that remain 4 
     years after the creation of the trust.
       ``L. Construction and Severability
       ``57. This MSC Compact shall be liberally construed to 
     effectuate the purposes for which it is created.
       ``58. If any part or provision of this MSC Compact or the 
     application thereof to any person or circumstances be 
     adjudged invalid by any court of competent jurisdiction, such 
     judgment shall be confined in its operation to the part, 
     provision, or application directly involved in the 
     controversy in which such judgment shall have been rendered 
     and shall not affect or impair the validity of the remainder 
     of this MSC Compact or the application thereof to other 
     persons or circumstances, and the Signatories hereby declare 
     that they would have entered into this MSC Compact or the 
     remainder thereof had the invalidity of such provision or 
     application thereof been apparent.
       ``M. Adoption; Effective Date
       ``59. This MSC Compact shall be adopted by the Signatories 
     in the manner provided by law therefor and shall be signed 
     and sealed in 4 duplicate original copies. One such copy 
     shall be filed with the Secretary of State of the State of 
     Maryland, the Secretary of the Commonwealth of Virginia, and 
     the Secretary of the District of Columbia in accordance with 
     the laws of each jurisdiction. One

[[Page S2959]]

     copy shall be filed and retained in the archives of the 
     Commission upon its organization. This MSC Compact shall 
     become effective upon the enactment of concurring legislation 
     by the District of Columbia, the Commonwealth of Virginia, 
     and the State of Maryland, and consent thereto by Congress 
     and when all other acts or actions have been taken, 
     including, without limitation, the signing and execution of 
     this MSC Compact by the Governors of Maryland and Virginia 
     and the Mayor of the District of Columbia.
       ``L. Conflict of Laws
       ``60. Any conflict between any authority granted herein, or 
     the exercise of such authority, and the provisions of the 
     WMATA Compact shall be resolved in favor of the exercise of 
     such authority by the Commission.
       ``61. All other general or special laws inconsistent with 
     this MSC Compact are hereby declared to be inapplicable to 
     the Commission or its activities.''.

  Mr. ALEXANDER. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Strange). Without objection, it is so 
ordered.

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